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Action follows decision not to permit misconduct charges against officer who told G20 protesters: &lsquo;There are no civil rights here.&rsquo;

York Region's police board has blocked efforts to lay misconduct charges against an officer captured on video telling a G20 protestor "This ain't Canada right now" and demanding that he be searched.

Sgt. Mark Charlebois is seen apprehending G20 protestor Paul Figueiras on June 27, 2010, on University Ave. Charlebois, a detective at the time of the G20, told Figueiras "This ain't Canada right now" and refused to let him pass unless he consented to a search. Figueiras alleges his civil rights were violated and is now suing Charlebois, York Regional Police Service Board and the Toronto Police Services Board.

By Jennifer YangStaff Reporter

Wed., June 6, 2012

The York Police Services Board has blocked efforts to lay misconduct charges against an officer captured on YouTube telling a G20 protestor “This ain’t Canada right now” and demanding that he be searched.

In October, the province’s police complaints watchdog recommended three misconduct charges against Sgt. Mark Charlebois, who apprehended Paul Figueiras during the G20 summit two years ago.

But because the directive came well after a six-month deadline York Region’s police chief had to ask the board’s permission to lay the charges. (Under the Police Services Act, a disciplinary hearing can only be called within six months of the initial complaint.)

He was refused.

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“Ultimately, the board decided that it was not reasonable, under the circumstances, to delay serving the notice of hearing,” said board spokesperson Mafalda Avellino in an emailed statement.

“As such, the board declined the chief’s request for permission to serve a notice of hearing upon Detective Charlebois.”

But here in Toronto, the police board has already granted approval for 28 G20-related charges recommended by the Office of the Independent Police Review Director (OIPRD) — even though those charges have also surpassed the six-month deadline.

The Toronto Police Association also tried to fight the approvals, citing the six-month time limit, but its appeal was quashed in a judicial review last month.

To Murray Klippenstein, Figueiras’ lawyer, York Region’s police board has used a technicality to “shut down this accountability” process.

And it was all done behind closed doors — details of the board’s decision will never be made public because the process is confidential, he said.

“This shows that Police Services Act procedures can be more an illusion than reality,” Klippenstein said. “The result is that York Region’s board is not willing to hold its officers accountable on this major, major issue. Which tells a sad story.”

On May 11, Figueiras filed a lawsuit against Charlebois with the Ontario Superior Court. Other defendants named by the lawsuit are York Region’s police board and Toronto Police Services Board, which oversaw policing during the G20.

Both York Region’s police board and Toronto police declined to comment on the lawsuit.

The 39-year-old father of two from Mississauga is not suing for money, however — just a declaration that his Charter rights were violated during the G20.

But even that will not be forthcoming, at least not from Charlebois. When reached by phone on Monday, the officer said he has no intention of making any such declarations.

“I’m unaware as to most of what you’re talking about,” said Charlebois, who has not yet seen the lawsuit or the OIPRD’s allegations of misconduct.

“As to his rights or whatever, I’ve got no comment on that,” he continued. “I mean, people can feel (anything they want), it doesn’t mean it’s right. You know, whatever the OIPRD found doesn’t mean it actually happened.”

But most of what happened between Charlebois and Figueiras has been captured on video and widely circulated on YouTube. The footage was also used by the OIPRD in their investigation into Charlebois’ conduct.

On June 27, 2010, the Sunday of the weekend summit, Figueiras and some friends were walking south along University Ave. when they were stopped by a group of police officers just north of King St.

The officers — including Charlebois, who was a detective at the time — demanded that everyone be searched before they could pass. Figueiras stated that he did not consent to the search and offered to leave.

At that point, according to the OIPRD investigative report, Charlebois put his arm around Figueiras and pulled him in. “You don’t get a choice. Get moving,” he said, before pushing him away.

When Figueiras protested that they were in Canada and therefore had civil rights, Charlebois responded, “This ain’t Canada right now.” Another officer chimed in, “You’re in G20 land.”

Charlebois can later be seen in the video telling Figueiras, “There’s no civil rights here in this area. How many times you gotta be told that?”

When questioned by OIPRD investigators, Charlebois said he was searching and questioning protesters that day as a “proactive measure” to prevent a further breach of the peace. The previous day, a minority group of vandals employing Black Bloc tactics had broken off from peaceful protest marches, wreaking havoc across downtown Toronto and torching police cruisers.

Charlebois told investigators he “pegged” Figueiras as a Black Bloc because he refused to be searched, was wearing a black t-shirt and had a lawyer’s phone number scrawled on his arm. In the OIPRD’s sweeping G20 report released last month, it found that many protesters had lawyers’ phone numbers written on their arms, thanks to advice from alternative media and activist groups.

In the OIPRD report, Charlebois admitted saying, “This ain’t Canada right now” and “there are no civil rights here,” but insisted it was just “crap talk.”

“I mean, (Figueiras is) going, ‘I have my rights, this is Canada,’ all this stuff. I’m just giving him gibber back, right?” Charlebois told investigators. “We do it all the time. Guys are talking nonsense and he got nonsense back.”

When questioned about why he put his arm around Figueiras, Charlebois said he was giving him a “hug.” He also explained that he was feeling for any “obvious” weapons in his backpack.

On Oct. 3, 2011, the OIPRD substantiated three allegations of misconduct against Charlebois, including that he acted discreditably and exercised unlawful or unnecessary force.

OIPRD director Gerry McNeilly followed up with a letter to York Region’s police board on Nov. 10, explaining why the investigation was so delayed.

In the letter, McNeilly said Figueiras’ complaint was grouped together with 56 other “stop and seizure” complaints stemming from the G20 summit. Because so many officers invoked the Public Works Protection Act — or so-called secret fence law — to justify their actions, McNeilly wanted to research the legislation before proceeding with individual complaints.

“I felt that it would be unfair to the respondent officers to complete the reports without a clear understanding of the information and training given to the officers,” he said in the letter.

McNeilly added that gathering the necessary information was also slow-going; there were delays in receiving disclosure from police services, and arranging interviews with senior officers was “laborious.”

On Monday, Charlebois said he does not believe Figueiras’ rights were violated on that G20 Sunday, which was not a “normal” day.

He questioned the experience of OIPRD investigators and emphasized that their conclusions are only allegations at this point.

“What about the Constitution, (where) everyone’s innocent until proven guilty?” Charlebois asked. “That seems to be lost when it comes to police officers. And it tires me, it really does.”

But for Figueiras, the Charter of Rights and Freedoms is exactly the issue. He also agrees it should apply to everyone at all times — even during the G20.

“Essentially, the Constitution is worthless when it suits him,” Figueiras said in response to Charlebois’ comments. “It really speaks to this kind of systemic problem of picking and choosing constitutional rights.”

“It’s this arbitrary, kind of crapshoot, idea: ‘We’ll tell you when you’re entitled to civil rights and when you’re not.’”

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